Saturday, June 18, 2011

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  • malibuguy007
    07-14 10:58 AM
    Wish you all the very best for a successful rally!!!





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  • longq
    02-11 07:08 PM
    Absolutely not. AC21 only removs the per-country limit in any calendar quarter in which overall applicant demand is less than the total of available numbers. In the present calendar year, the overall demand is defenitely more than the total of available number and AC21 priviledges would not apply.

    DOS would clearly violate the 7 percent limit if excess EB2 ROW numbers flow to EB2 china/india. Don't want to get into an argument here, so I will leave it at this. Each person is entitled to his/her interpretation just as DOS has its own. Peace.

    I agree with you, if you could able to show the difference between allocation of unused visas pre-AC21 priod and after AC21 period. Lets say 10000 unused visas availbe in EB2. Please tell me how it will be handled if it is in 1999 and 2006. Please read section 202 of INA and post here. I am stopping here. Bye.





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  • B3NKobe
    06-12 09:00 PM
    Another awsom entry their gnu-, Looks very very nice!!





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  • chanduv23
    04-28 08:49 PM
    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.

    Well, 485 denials on ac21 where 140 was revoked has always been happening.
    Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.



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  • anzerraja
    07-19 07:40 PM
    There is a funding drive in this other thread towards reimbursing Aman's expenses.

    http://immigrationvoice.org/forum/showthread.php?t=10708


    Could you please pledge an amount ?




    Even if it is a typo and it turns out to be 6400$ which is unlikely, can everyone contribute 64$? Lets do our 1%. What say?





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  • cardamon
    09-13 08:25 PM
    We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.

    Why don't we think thorough about this great idea?
    I have an amendment to it. Basically all I currently care about is work permit for my spouse, even temporary authorization would please us enormously, say for the period of retrogression delay.
    If I recall correctly, spouses of people on L visas can work, why do we have to suffer?



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  • singhsa3
    05-23 02:45 PM
    And the list is growing.
    So please continue to call!





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  • fasterthanlight�
    05-30 11:28 PM
    The 1st of July is about a month from now.

    OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.



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  • PresidentO
    05-14 12:45 PM
    bringing bk the discussion to more serious point. We can all agree that on the surface immigration system here is seems unfair towards Indian, Chinese and Mexicans. Whats the reason behind it? why only three countries which suffers from long waits. Its demand and supply. If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country.
    and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)

    Ehh! Perspective. Do you think you can make a case for that?

    You asked all of those who are making their case with the US Congress or doing some sort of advocacy to get a life. In other words, in one single sentence, your perspective is that all of us who are working towards improving the system do not have a life. Wow! Did I start off by saying that you dont have a life because you chose to go canada and not India after 6 years of stint in US? NO!. Saying "Get a life" or other catchy phrases is easy. F Y I, hear your ears blared" WE DO HAVE A LIFE". We heard your perspective. Now this is not your evangelizing ground for your perspectives. Damn it! Aren't IV's objectives clear? What harm has IV's objectives caused you? You dont believe them fine. Do what ever you want.

    You chose to go to canada because US GC system sucks and you are saying that we are all hypocrites. Got some sense? What are you trying to say? We should all follow your lead and go back to where we came from while you preach one thing and do the quite opposite. Still be a turn coat to your home land and be a boot licker (your own idea of immigrant's not mine ) to canada. Perspective ehh?

    You argue that immigrants are treated like dirt. I tell you what, look at the president of United States and say that one more time. As a kid born here out of the main land and raised in the most populous islamic country in the world, he went on to become the president of united states. You are one of those who do not want to become the change you want to see. you just want others and system to change and you will take that change. Go figure Mr Slime. Oh B T W there is no one such as American, except for the native american. You showed your 10 fingers in your mouth with your basic lack of understanding about the country and how it formed.

    >>> If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. y. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country. <<<

    you argue that three countries will dominate immigration. how ever you dont point out the fact or cleverly ignore that all these people were not limited by the system through which they enter but limited by the system only after they enter. Hey we, those from those three countries, are already here. lets implement the country caps through out the high skilled immigration or get rid of them. Enough of your disguise as some one who is logically and rationally for country caps. There is no rationale or logic what so ever in your argument. Perspective. Ehhh! forget that word.





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  • mlk
    06-22 07:40 PM
    and that, my friend, is just childish behavior =)



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  • ilikekilo
    05-04 09:52 PM
    Does any one know about any existing law (that has been passed as part of a bill or whatever) that offers whistleblower protection for non immigrant visa workers (H1b. L1 etc)?





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  • seahawks
    07-17 11:10 PM
    Total Signatures: 961?

    That is it, after we have so many members, come on guys, show support to reject misinformation and distorted campaign.



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  • trueguy
    08-13 11:56 AM
    I totally agree with supporting IV.

    The question is none of the Admin fixes in last one year has helped EB3-I. In fact, it made our situation even worse.





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  • jnraajan
    03-13 05:35 PM
    Good Questions. Would you be willing to jump into the field and start motivating people to be part of IV and be actively involved in IV Action Items?. Would you be willing to find out what is stopping people from getting involved with IV?. We are always short on Volunteers to work on IV Activities and we definately welcome newbies willing to work for this cause. We have a few highly dedicated volunteers who spend time educating other people about IV, forming state chapters, recruiting members into state chapters, organizing chapter events, raising funds and the list can go on. These volunteers have 24 hours in a day just like everyone else and they have full time jobs, families, careers, schools to attend etc. Would you be willing to go out and recruit volunteers for us?

    Sure. Like I stated before, I have been educating people about IV here for quite some time now. Let me know what needs to be done. If you all can share your experiences, I can work on it.



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  • Bokke
    06-07 05:30 PM
    And what about mine, must i re-desing it ?
    please set up some rules!





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  • needhelp!
    11-28 01:42 PM
    Is there a way to listen to the show online?



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  • Maniaci
    06-08 03:18 PM
    I say end it asap. Unless someone has an amazing design in the works that will take a while, there is no use to keep goin imo heh.





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  • leoindiano
    10-30 10:01 AM
    caliguy,

    I am in same boat as you.

    2 i-140's approved with same company, both are EB2, one is RIR one is PERM.

    PERM one had Jan 2006 PD where my RIR had Nov 2004.

    I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.





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  • vikasgarg24
    07-18 10:24 AM
    Reached on 2nd July : lawyer personally delivered in Lincolin. (dont know time)
    Status dont know
    ck not encashed yet.





    chanduv23
    07-02 02:27 PM
    Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.

    The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm

    When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.


    What exactly happens to them?
    Are they under a watch list?
    Many employers will open up a new company and operate?
    Maybe employers are ready to deal with this ????





    m306m
    06-11 05:18 PM
    1. You have the insurance company on your side to defend
    2. Until the judgment goes against you or you run away, you do not need to worry about freezing bank account
    3. In worst case, during the judgment time they will consider your family, two kids. They are not heartless people and it�s just an accident. That guy must be insane to ask 3.25 million. I couldn�t believe the whiplash injury especially when the damage was <$1500. I just assume the impact must be very minimal.

    My advice is, don�t lose your hope and sleep. You insurance company is there with you to defend. Keep in touch with them and respond promptly to court notice or any letters. You do not need to withdraw your GC. Worst case if everything goes against you declare bankruptcy and leave the country legally. So if you want to come back in the future, you won�t have much problem.

    When you don�t have anything to lose�why do you worry. Keep it cool and every thing will be fine. Seems like those guys wanted to have retirement with your money.

    Dont Panic....

    I am sorry I disagree.

    1. The insurance company is not necessarily on your side. They will only pay up to the amount of liability that you are insured against and that too most insurance company will do reluctantly.
    2. It will be too late to transfer money out of the bank account after the judgement is passed. They will freeze your accounts when the case goes to trial. If you are going to transfer money do it before the trial.
    3. I agree 3 + million is absolutely unreal. Try and settle this before it goes to trial for a nominal amount.



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